Legal Research 1. Legislation 2. Case Law

What is Legislation Acts (also called Statutes) and regulations passed by the Parliament of Canada and by provincial legislatures are the primary sources of law in Canada. Sections 91 and 92 of the Constitution Act, 1867 enumerate the subject matters upon which either level of government (federal and provincial) may legitimately enact legislation.

Why Legislate? To deal with issues not covered by Common Law. To change or reform case law. To “codify” areas that have become murky.

Structure of the Government Federal Government Provincial Governments Municipal Governments

Legislative Process Origin of Bills Party in the Government Party in the opposition Law reform or review committee or board Interested group of citizens Minority group

Legislative Process Types of Bills Government bills (usually numbered 1-200) Private member bills (usually numbered 200-) Private bills (numbered or “Pr”)

Legislative Process Types of Acts New Acts – Drug Program Act, SA 2009, c D-17.5 Amendment Acts – Family Law Amendment Act, 2009, SA 2009, c 21

Legislative Process First Reading Second Reading Committee stage (Provincially, usually Committee of the Whole) Third Reading

Legislative Process Federally, the process is repeated in the second chamber. Bills can be introduced in the House of Commons – (Bill C-10, An Act to amend the Constitution Act, 1867 (Senate term limits) ) or in the Senate – (Bill S-2, An Act to amend the Criminal Code and other Acts ).

Legislative Process After bill is read for a Third Time (in both chambers in the case of the Federal Government), it receives Royal Assent and becomes an Act. It is given a chapter number. It will be published in the collection of Annual Statutes for the Province or for the Federal Government. Also in the Federal Gazette Pt III. HOWEVER, IT MAY NOT BE IN FORCE!!!

Legislative Process Coming into Force Royal Assent Date Specified in the Act On Proclamation – By order in Council Orders in Council – form of statutory instrument usually recorded in the Gazettes (Alberta Gazette I, Canada Gazette II)

Legislative Process All proceedings of the legislatures or parliament are recorded in the “Debates and Proceedings”, or in Hansard. Federal Committees also record their sessions. These proceedings, as well as the progress of individual bills, are available on the Parliament or Legislative sites. Historical information is available in Hansard/Debates volumes (“mostly” indexed). Progress of bills is also recorded in publications such as the Canadian Legislative Index or the Alberta Parliamentary Digest.

Where to find Legislative Information Bills and legislative procedure Legislative sites: (LegisInfo: nguage=E ; Alberta Assembly: ) nguage=Ehttp:// Hansard, Debates and Committee Reports Publications such as the Canadian Legislative Index or the Alberta Parliamentary Digest

Where to find Legislative Information Statutes Annual or Sessional volumes –Arranged numerically by chapter number - Official Current consolidations (Revised Statutes) – Official Continuous consolidations (looseleaf editions; updated electronic versions) – Not official. Annotated Statutes (Martin’s)

How to find Legislative Information Types of questions Find me a copy of s. 2 of the Government Accountability Act. Find me a copy of s. 2 of the Government Accountability Act as it read in January of When was Smoke-Free Places Act proclaimed THE TABLES OF PUBLIC STATUTES HAVE MOST OF THE ANSWERS

How to find Legislative Information Tables of Public Statutes They are always based on the text of the last Statutorial Revision (RSA 2000; RSC 1985) Provincial – Pink pages at the end of the volumes Federal – Blue and Orange (French) pages at the end of annual volumes. Also published in a separate volume.

How to find Legislative Information Table of Public Statutes Alberta Government Accountability Act (RSA 2000 cG-7) s c2 s3 Eff. Apr 1/03; s c26 s36 Eff. Oct 1/09; ss4 to 7,7.1,8 to c2 s3 Eff. Apr 1/03; s cA-31.5 s45 Proc.; s c2 s3 Eff. Apr 1/03

How to find Legislative Information Table of Public Statutes Canada Fish Inspection Act — R.S., 1985, c. F-12 (Inspection du poisson, Loi sur l’) Minister of Agriculture and Agri-Food s. 2, 1997, c. 6, s. 52 s. 3, 1997, c. 6, s. 53 s. 4, R.S., c. 31 (1st Supp.), s. 10 s. 5, repealed, 1997, c. 6, s. 54 s. 7, 1997, c. 6, s. 55 s. 9, 1997, c. 6, s. 56 s. 10, 1997, c. 6, s. 57 s. 11, repealed, 1997, c. 6, s. 58 s. 15, repealed, 1997, c. 6, s. 59 s. 17, 1992, c. 1, s. 145 (Sch. VIII, item 14)(F); 1995, c. 1, s. 62(1)(k); 1997, c. 6, s. 60; 2005, c. 38, s. 116 s. 17.1, added, 1997, c. 6, s. 61 s. 17.2, added, 1997, c. 6, s. 61 General, 1995, c. 1, s. 62(3) CIF, R.S., c. 31 (1st Supp.), s. 10 proclaimed in force see SI/85 ‑ 188 CIF, 1992, c. 1, s. 145 (Sch. VIII, item 14)(F) in force on assent CIF, 1995, c. 1, s. 62 in force see SI/95 ‑ 48 CIF, 1997, c. 6, ss. 52 to 61 in force see SI/97 ‑ 37 CIF, 2005, c. 38, s. 116 in force see SI/

How to find Legislative Information Table of Public Statutes Canada Law Commission of Canada Act — 1996, c. 9 (Commission du droit du Canada, Loi concernant la) Minister of Justice s. 4, 2001, c. 4, s. 98(F); 2004, c. 25, s. 143(F) s. 17, 2003, c. 22, par. 224(z.47)(E) CIF, 1996, c. 9 in force see SI/97 ‑ 46 CIF, 2001, c. 4, s. 98 in force see SI/2001 ‑ 71 CIF, 2003, c. 22, s. 224 in force see SI/ CIF, 2004, c. 25, s. 143 in force on assent

How to find Legislative Information When was Smoke-Free Places Act proclaimed Table of Public Statutes Gazette I(check index) Phone the legislature

How to find Legislative Information Smoke-free Places Act (2005 cS-9.5) see Tobacco Reduction Act (2005 cT-3.8) Tobacco Reduction Act (2005 cT-3.8) Eff. Jan 1/06; Title amended 2007 c40 s2 Eff. Jan 1/08; s c40 s3 Eff. Jan 1/08; 2009 cS-23.5 s26 Eff. Apr 1/10; s c40 s4 Eff. Jan 1/08; s c40 s5 Eff. Jan 1/08; etc.

Regulations Regulations are subordinate legislation which addresses the detailed workings of a particular statute – it is the “how”, whereas the statute is the “what”. Power to make regulations is delegated from the act to a particular minister, or board. It is usually a section within the act. They can be changed at any time. They usually come into force on the day on which they are created. Cited by year and consecutive number Found in Gazette II – both Federal and Provincial Federally: Consolidated Index of Statutory Instruments

Regulations Regulations (Gunshot and Stab Wound Mandatory Disclosure Act) 5 The Lieutenant Governor in Council may make regulations (a) respecting information required to be disclosed under section 3(1)(e); (b) requiring a further or different manner of disclosure than that provided for in section 3(3)(a); (c) exempting a gunshot or stab wound or a health care facility or emergency medical technician from the application of this Act, including providing for classes and the circumstances and conditions under which the exemption is effective; ETC...

Regulations Under the Mental Health Act, is there a regulation on the Patient Advocate? Can you give me a copy? Find me a copy of the Patient Advocate regulation as it read in 2006.

Regulations Mental Health Act Community Treatment Order337/2009 Mental Health19/200478/2005, 228/2006, 208/2007 Mental Health Act Forms136/ /2009, 250/2009, 342/2009 Mental Health Act Review Panel14/2009 Patient Advocate148/ /2009, 336/2009

Secondary Resources Canadian Legislative Index Alberta Parliamentary Digest The Armet Report Canadian Current Law – Legislation Electronic Resources Statute consolidations - textbooks

Legislation Questions???? Thank you!!!